Under the Family Law Act, a party to a de facto relationship can apply for a property settlement within two years of the relationship ending. Outside this period, the application can only be made with court permission.

There are conditions that must be met for a de facto party who wishes to apply for property settlement

At least one of the following conditions must be met:

• the de facto relationship must have lasted a minimum of two years

• a child exists because of the de facto relationship (must be a child to both parties)

• substantial contributions were made to the assets or the welfare of the family by the Applicant and failing to make an order would result in a serious injustice to the applicant

• the relationship is registered

If at least one of these conditions is met, the Family Law Act provisions can apply, however we recommend legal advice with one of our preferred panel of independent legal practitioners as every situation is different and the amount of your entitlement, if any, can vary on a case by case basis.

A De facto property agreement is a document that sets out how you and your former partner will divide up your property.

What are the advantages of negotiating a De facto property settlement?

It minimises the cost of lawyers and avoids an adversarial court process.

It allows you to be part of the process rather than having a decision imposed on you by court.

It can provide a speedy resolution

There is likely to be less emotional toll or impact on children.

• Fair Division of Assets

• Peace of Mind

• Financial independence from the other party

• Legally binding and enforceable

• Protection from future claims

• Superannuation can be divided

• Stamp Duty and Capital Gains tax relief

Yes! With Simple Separation, you can choose to pay for our affordable service outright, or choose to pay it off in smaller payments (up to 12 months - with no intrest of application or fees).